Tracey Denise Sims v. State

• Court: Court of Appeals of Texas
• Decided: November 29, 2007
• Docket: 14-07-00268-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed November 29, 2007

Affirmed and Memorandum Opinion filed November 29, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00268-CR

TRACEY DENISE SIMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1047473

M E M O R A N D U M   O P I N I O N

Before the conclusion of a jury trial, appellant entered a plea of guilty to the offense of aggregate theft of over $200,000.  The jury assessed punishment, and on February 28, 2007, the trial court sentenced appellant to confinement for forty years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $10,000.  Appellant filed a pro se notice of appeal.

Appellant=s appointed counsel filed a brief in which she concludes the appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, more than sixty days has elapsed and no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state. 

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 29, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).